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LAW v. FULLER

35 A.D.2d 299 (1970)

Andrew R. Law, Respondent, v. Frank J. Fuller, as District Engineer, District No. 1, Department of Transportation, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 7, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for appellants.

McClung, Peters & Simon (Homer E. Peters and Livingston T. Coulter of counsel), for respondent.

REYNOLDS, STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

HERLIHY, P. J.

This is an appeal by the defendants from an order of the Supreme Court at Special Term, entered in Washington County, on April 1, 1970, which granted the plaintiff's application for a preliminary injunction and denied the defendants' motion to dismiss the complaint.

The complaint seeks to enjoin the defendants from proceeding to appropriate 3.27 acres out of a total proposed appropriation of 4.627 acres of the plaintiff's...

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